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EXPLAINER: Why people are worried about SA's new anti-protest laws, and why you should be too.
A thread:
š©š¾āāļø What these laws do: they increase the penalties for "obstructing a public place" So let's start by defining what a public place is at law
#ProtectProtest #AusLaw #AusPol
A thread:
š©š¾āāļø What these laws do: they increase the penalties for "obstructing a public place" So let's start by defining what a public place is at law
#ProtectProtest #AusLaw #AusPol
S4 Summary Offences Act SA defines it as:
š©š¾āš¦½A place to which free access is permitted to the public (like parks, civic squares etc.)
šļøA place to which the public are admitted on payment of money (stadiums or cinemas etc)
š£ļø A road, street, footway etc.
legislation.sa.gov.au/lz?path=%2Fc%2ā¦
š©š¾āš¦½A place to which free access is permitted to the public (like parks, civic squares etc.)
šļøA place to which the public are admitted on payment of money (stadiums or cinemas etc)
š£ļø A road, street, footway etc.
legislation.sa.gov.au/lz?path=%2Fc%2ā¦
Now to the changes in the Bill rammed through the SA Lower House. This is what they do:
āļøIncrease penalty for obstruction of a public place from $750 to $50,000. A 60-fold increase to the maximum penalty. Just wild.
āļøIncrease penalty for obstruction of a public place from $750 to $50,000. A 60-fold increase to the maximum penalty. Just wild.
Thinking about the past month - the TERF tour, & neo-Nazis, & CLM riot, & Latham's homophobic tweets - has made me reflect on one thing that is missing in our human rights framework, & which could have made a difference:
An LGBTIQA+ Commissioner at the AHRC. #auslaw #auspol 1/
An LGBTIQA+ Commissioner at the AHRC. #auslaw #auspol 1/
The LGBTIQA+ community still lacks an independent office-holder, whose role would involve engaging in national conversations about human rights issues which affect us.
Unlike the existing AHRC Commissioners for Race, & Sex, & Disability, & Age, & First Nations, & Children. 2/
Unlike the existing AHRC Commissioners for Race, & Sex, & Disability, & Age, & First Nations, & Children. 2/
Over the past month, the absence of a stand-alone LGBTIQA+ Commissioner at the AHRC has left something of a void in these debates.
There were so many opportunities for public education, and advocacy, on LGBTIQA+ human rights issues that were missed as a consequence. 3/
There were so many opportunities for public education, and advocacy, on LGBTIQA+ human rights issues that were missed as a consequence. 3/
#RobodebtRC block 4 day 8 everyone has one eye on tomorrow, which given its ms Musolino today, says something. Important to note the briefs on misfeasance arenāt aimed at the minister, but the Secretary as decision maker. Leon stopped it. she needed to. robodebt.royalcommission.gov.au/system/files/eā¦
Elevating governmentās right to chew over things over a pause was best snapped out of. My bet is Robert will stress he was given a a āfor notingā brief. Secretary was decision maker at law, comment was indicating future policy approaches etc. #RobodebtRC robodebt.royalcommission.gov.au/system/files/eā¦
Btw on ālegal advice is just legal adviceā, Iām confused as to why the minister is reported in one exhibit as demanding legal advice at one point. on onus of proof in like 72 hours. on 30 July 2019. What was troubling him?? Senate inquiry announcement maybe. #RobodebtRC 
We've been working our way through the submissions to the Senate Committee re the NACC.
Leading constitutional law academic Prof Anne Twomey AO is a highlight.
A short thread:
#auspol #auslaw
Leading constitutional law academic Prof Anne Twomey AO is a highlight.
A short thread:
#auspol #auslaw
Prof Twomey is very strong on the importance of public hearings.
She makes the case around several key themes:
2/
She makes the case around several key themes:
2/
1. Trust in the system.
Our courts are open for a reason. If the public cannot see that the allegations have been fairly tested, then it is unlikely to respect and accept the outcome. Why should anti-corruption bodies be different?
3/
Our courts are open for a reason. If the public cannot see that the allegations have been fairly tested, then it is unlikely to respect and accept the outcome. Why should anti-corruption bodies be different?
3/
One of the major pushbacks to public hearings has been the concept of āreputational damage.ā
This thread breaks down this idea in 7 parts
1/
#auspol #auslaw
This thread breaks down this idea in 7 parts
1/
#auspol #auslaw
In all investigations since 2012 which have involved public hearings, the NSW ICAC has made findings of corrupt conduct or serious corrupt conduct against at least one primary suspect.
2/
2/
The sole exception is Operation Spicer, where the High Court case of ICAC v Cunneen & s74BA of the ICAC Act 2015 (NSW) constrained the NSW ICAC in making specific findings of corrupt conduct in the circumstances against the primary suspects.
3/
3/
Public hearings fulfil important functions in corruption investigations. They are not show trials.
A thread on the important role they play:
#auspol #auslaw
1/
A thread on the important role they play:
#auspol #auslaw
1/
Public hearings expose corruption. Exposing corruption to the public is a core objective of integrity commissions, as corruption flourishes in the dark.
2/
2/
Without public hearings, the public would only know that an investigation took place once an investigation report was tabled in Parliament, or a successful prosecution occurred, sometimes years after the fact;
3/
3/
How might Climate Change hurt our Constitution?
š§µš
š§µš
First, our Constitutional System is not floating around separate from the Australian Eco-System. It exists within, and is dependent upon, this Eco-System.
If this Eco-System collapses, so too does the Constitutional System built within it.
If this Eco-System collapses, so too does the Constitutional System built within it.
Second, our Constitutional System is intended to endure for centuries. We think long-term in constitutional law.
So, the question is, what might climate change do to this system in 2100, 2200, 2300 + beyond?
So, the question is, what might climate change do to this system in 2100, 2200, 2300 + beyond?
This editorial seeks to cover a lot of ground. It acknowledges that there have been recent changes to defamation law as part of the first stage of reforms to the national, uniform defamation laws. It mentions the new requirement of serious harm to reputation.
It is also worth mentioning the new public interest defence, which is as yet untested in the courts. The purpose of these reforms is to exclude trivial claims and to encourage public interest journalism.
We're working through the budget papers and compiling a report. Some of our interesting findings thus far are in the following š§µ:
#auspol #auslaw
1/
#auspol #auslaw
1/
The Ombudsman has had a year on year cut of $2.38m (or 4.03%).
What does it do?
It investigates complaints from the public about decisions made by the Federal Government and agencies.
2/
What does it do?
It investigates complaints from the public about decisions made by the Federal Government and agencies.
2/
The Administrative Appeals Tribunal has had a year on year cut of $5.65m (or 2.35%).
What does the AAT do?
It investigates the merits of decisions. I.e. If your FOI comes back blank you can go to the AAT to appeal.
3/
What does the AAT do?
It investigates the merits of decisions. I.e. If your FOI comes back blank you can go to the AAT to appeal.
3/
Based on what we know about Labor's proposed amendments to the #ReligiousDiscriminationBill, we can say the following:
-they make improvements in a few important areas
BUT
-don't redeem what remains, overall, a deeply flawed Bill. #auspol 1/
-they make improvements in a few important areas
BUT
-don't redeem what remains, overall, a deeply flawed Bill. #auspol 1/
Improvements incl removing the ability of religious schools to discriminate against students on the basis of sexual orientation & gender identity under the Sex Discrimination Act.
And ensuring the statement of belief clause doesn't remove existing discrimination protections. 2/
And ensuring the statement of belief clause doesn't remove existing discrimination protections. 2/
However, Labor's amendments do *not* protect LGBT teachers in religious schools under the SDA.
Instead, they will wait for the ALRC to report on this.
Even though this issue is *not* complex, with Tasmania protecting LGBT teachers for two decades, & the ACT since 2019. 3/
Instead, they will wait for the ALRC to report on this.
Even though this issue is *not* complex, with Tasmania protecting LGBT teachers for two decades, & the ACT since 2019. 3/
Disappointingly, this explainer does not discuss the loophole created by the #ReligiousDiscriminationBill itself, which could continue to see LGBT kids discriminated against 'under the guise of religious views', even if the SDA is fixed. #auslaw #auspol 1/ smh.com.au/politics/federā¦
This is because the #ReligiousDiscriminationBill allows religious schools to discriminate against students throughout their education.
This falls far short of the best practice approach of Qld, Tasmania, ACT and NT, which limit such discrimination to the point of enrolment. 2/
This falls far short of the best practice approach of Qld, Tasmania, ACT and NT, which limit such discrimination to the point of enrolment. 2/
As a result, a religious school could still punish, or expel, an LGBT student who refuses to publicly affirm 'homosexuality is intrinsically disordered', or 'god created man and women, so trans gender people don't exist.'
The outcome is the same: LGBT kids being mistreated. 3/
The outcome is the same: LGBT kids being mistreated. 3/
*Extremely* disappointing that Liberal MP Angie Bell, a member of the LGBT community, has decided not to stand up for trans and gender diverse children and young people. #trans #auslaw #auspol 1/
Bell is also supporting amendments to the Sex Discrimination Act that allow religious schools to discriminate against lesbian, gay and bisexual students in 1,001 ways other than expulsion. #auspol 2/
And supporting a #ReligiousDiscriminationBill that provides an alternative avenue to discriminate against LGBT kids on the basis of beliefs *about* sexual orientation and gender identity, rather than those things directly (including even, presumably, expelling them). #auspol 3/
The details of the final #ReligiousDiscriminationBill were released a week ago today.
While there has been plenty of discussion about some of the major problems it will cause, I want to focus today on 4 issues which have received comparatively less focus. #auslaw #auspol 1/
While there has been plenty of discussion about some of the major problems it will cause, I want to focus today on 4 issues which have received comparatively less focus. #auslaw #auspol 1/
1. It will protect at least some religiously-motivated racist comments.
This is because of how broadly the radical and unprecedented 'statement of belief' provisions have been drafted. 2/
This is because of how broadly the radical and unprecedented 'statement of belief' provisions have been drafted. 2/
Proposed section 12 overrides all other Cth, state & territory anti-discrimination laws.
Including specifically targeting section 17(1) of Tasmania's Anti-Discrimination Act, which prohibits comments that offend, humiliate, insult and ridicule, including on the basis of race. 3/
Including specifically targeting section 17(1) of Tasmania's Anti-Discrimination Act, which prohibits comments that offend, humiliate, insult and ridicule, including on the basis of race. 3/
"Simon Rice, professor of law at USyd says the bill is ābizarrely complicatedā because it is ātrying to dress up freedom as discriminationā ā a sword as a shield, in other words." #auslaw #auspol 1/ smh.com.au/politics/federā¦
"He warns that by allowing people to make discriminatory statements with impunity, it āemboldensā those inclined to discrimination." 2/
"The overriding of state laws is also likely to reduce the authority of state tribunals, which hear the vast majority of the countryās discrimination claims." 3/
Misleading commentary by Jacinta Collins (of the National Catholic Education Commission) in today's SMH.
The problem with the Religious Discrimination Bill is that it does NOT protect religious belief 'in the same way' as existing attributes. Far from it. #auslaw #auspol 1/
The problem with the Religious Discrimination Bill is that it does NOT protect religious belief 'in the same way' as existing attributes. Far from it. #auslaw #auspol 1/
The statement of belief provisions - which protect comments that offend, humiliate, insult & ridicule women, LGBTI people, people with disability & people of minority faiths, in all areas of public life - are radical & unprecedented.
They are not enjoyed by other groups. 2/
They are not enjoyed by other groups. 2/
While the religious exceptions in the Bill are much, much broader than in any other Cth, state or territory anti-discrimination law, including the broad scope of orgs covered, and the extremely low bar which these orgs need to satisfy in order to discriminate against others. 3/
This is such an excellent and timely piece from @sangpillai on what Australian citizenship means post 9/11: āPost-9/11 Australia has pushed a tradition of exclusion to constitutional extremesā
#constitutionallaw #auslaw
#constitutionallaw #auslaw
āUltimately, unable to reach agreement on these things, they simply left citizenship out. The Constitution says nothing direct about what it means to be Australian, when a person is entitled to Australiaās protection, or who can claim to ābelongā to Australia.ā
āWhile the framers could not agree on who belonged in the Australian constitutional community, they did express a clear and united desire to be able to comprehensively exclude people who were not of āBritish raceā.ā
Scott Morrison has said that pubs/cafes having a no jab no entry policy would be lawful under discrimination laws. š
As a discrim law expert, Iāve been asked to look into the claim.
Itās rare for me to say this, but: I agree with the PM. A short thread on whyš #auslaw #auspol
As a discrim law expert, Iāve been asked to look into the claim.
Itās rare for me to say this, but: I agree with the PM. A short thread on whyš #auslaw #auspol
Generally businesses are entitled to set contractual conditions for entry or use of facilities. This is done through contract law - you agree to enter on the basis of certain conditions.
A major limitation on this is that such conditions cannot breach discrimination laws. š š»āāļø /2
A major limitation on this is that such conditions cannot breach discrimination laws. š š»āāļø /2
A requirement to be vaccinated to enter a pub/restaurant might disadvantage some groups who have a protected attribute - eg disability, religion, political view.
This likely canāt be direct discrimination, as it applies equally to all, but *might* be indirect discrimination.ā/3
This likely canāt be direct discrimination, as it applies equally to all, but *might* be indirect discrimination.ā/3
Social services minister Anne Ruston joins leadership team of the govt, adding "minister for women's safety" to her title #auspol
Karen Andrews is the new MINISTER FOR HOME AFFAIRS (not Stuart Robert). #auspol
Interested to know why previous @thelawcouncil President Arthur Moses was interviewed by #FourCorners to give his view that there should be no #independentinquiry into allegations against Christian Porter #auspol #auslaw
smh.com.au/national/the-bā¦
smh.com.au/national/the-bā¦
His view was also being pushed last week by @FinancialReview but others in the legal profession including the more recent president @pollypippin as well as @larissaandelman and @JaneNeedhamSC and @sharonacoutts present a different view @Milliganreports #auspol
Is @FinancialReview part of the #rapeculture problem? In this piece, the @FinancialReview supports the view of a former male @thelawcouncil president over the voices of 3 prominent female lawyers #auslaw #EnoughIsEnough #RuleOfLaw
afr.com/politics/federā¦
afr.com/politics/federā¦
AFR view: āThe Heydon case was one of inappropriate and unacceptable workplace behaviour. In the case of Mr Porter it is alleged criminality that is at stake. And for that there is only one place: the criminal justice system and the court of law.ā
But in this article quoting @JaneNeedhamSC, @larissaandelman and @pollypippin the view is expressed that accountability for conduct is not limited to the criminal jurisdiction and the issue is āabout the Attorney-Generalās positionā.
afr.com/companies/profā¦
afr.com/companies/profā¦
There should be an #independentinquiry into rape allegations against Porter. Itās āabout having confidence in him and the position he holdsā ā¦@JaneNeedhamSCā© ā¦@larissaandelmanā© ā¦@thelawcouncilā© #auslaw #RuleOfLaw afr.com/business/legalā¦
#Accountability for conduct is not limited to the criminal jurisdiction āAn inquiry may be able to interview other persons that were present. Mr Porter mentioned there were four of them [on the debating team] and that they may have gone out together that evening.ā
#RuleOfLaw
#RuleOfLaw
āHe holds the apex position for the legal profession and his conduct ā and integrity ā must be beyond approach.
āAn independent inquiry would be able to look into whether or not he is a fit and proper person to hold the position of Attorney-General in the Cabinetā
#RuleOfLaw
āAn independent inquiry would be able to look into whether or not he is a fit and proper person to hold the position of Attorney-General in the Cabinetā
#RuleOfLaw
MEDIA RELEASE: #ICC ruling on #Palestine paves way for investigation of international crimes, #Australiaās position rejected #auspol #auslaw acij.org.au/media-release-ā¦ via @theACIJ 1/7
The Pre-Trial Chamber of the ICC has ruled that the ICC has jurisdiction over Rome Statute crimes committed in the territory of Palestine. The majority ruling paves the way for an investigation into crimes committed in the occupied Palestinian territory since 2015. 2/7
.@rawanarraf, director of @theACIJ said: āThis is a major breakthrough and a huge advance for those all around the world fighting to end impunity for serious international crimes.ā 3/7
Christian Porter rejects premise of my question that there is some form of urgency in getting Commonwealth Integrity Commission oversight of pollies. Says there are already 11 public sector anti corruption bodies.
#auspol
#auspol
We begin our webinar with Co-Chair of the Uluru Dialogue Leadership Group & Chairperson of the Lowitja Institute Pat Anderson AO. Aunty Pat begins by emphasising the "gift" of the Uluru Statement to the Australian people. #UluruStatement #IndigenousX #auspol #auslaw #NAIDOC2020
Aunty Pat details the long history of reports on constitutional reform over the past decade. Importantly however Indigenous people had not been consoled directly. This was the importance of the Referendum Council #UluruStatement #IndigenousX #auspol #auslaw #NAIDOC2020
Aunty Pat emphasises that this webinar series is about sharing the message of the Uluru Statement and detailing the importance of the sequenced reforms of Voice, Treaty and Truth #UluruStatement #IndigenousX #auspol #auslaw #NAIDOC2020
